Reply to: HAYS contracts

[quackhandle]

As previously mentioned we'll see if there's a renewal on the cards, this will be up for discussion.

Yes, I meant Letter of Arrangements.

qh

[Scoobos]

In my experience with Hays (albeit back in 2005-2007) as Not All There says, they will change the contract.

I had a brilliant agent, who's still there (in Leeds) and he helped and even suggested resources to use to get my contract checked!

[NotAllThere]

Got confirmation from Hays legal dept stating that no contract wording will be changed (in respect to IR35). ...

If the client/agent wants you enough, believe me, the contracts will be changed - even with Hays.

"We're not changing it" is simply the default position.

[BolshieBastard]

evening all. Long time forum lurker here, but thought i'd sign up to join in.

I too had concerns with the Hays 'contract'. Very unprofessional and unflexible. It refers to an 'Assignment Confirmation Letter' which i literally had to write myself as the agent was clueless about what should go on it. I took the gig as I had very few other options at the time.

Aside from the contract, as others have said they have a fantastic payroll system with weekly frequency. To make them a great agent, they really need to work on the contracts and train their staff so that they know that contractors are not temporary workers of Hays. I was asked to document any employment gaps in the last 2 years. I said I dont have any gaps as I work for my own company. Then I was asked to document any gaps in my CV which to them constitutes a break in employment, which simply is not the case in my opinion.

This is becoming more common and the way agents are designing their on line application forms, simply putting your co as your employer during these breaks or, as your 'employer' throughout your contracting career, flags an error or incomplete information.

See my post about hydrogen \ project partners. I also had the same thing regarding a role crapita had only their break period was a maximum of 28 days!

[cojak]

Got confirmation from Hays legal dept stating that no contract wording will be changed (in respect to IR35).

Thankfully the client seems sympathetic to it and is willing to sign a Confirmation of Arrangements.

Be interesing if they want me to renew the contract.

qh

I guess that's the same thing as a Letter of Arrangements qh?

[quackhandle]

Got confirmation from Hays legal dept stating that no contract wording will be changed (in respect to IR35).

Thankfully the client seems sympathetic to it and is willing to sign a Confirmation of Arrangements.

Be interesing if they want me to renew the contract.

qh

[Qdos Contractor]

Thanks QDOS.

There's a few references in the the the assignment confirmation letter, which I won't have until later this week. I'm thinking I should probably hang fire until that's some along...?

We'd want to check that information, but you could always send the contract in as it is now (so it's in the queue). Then just forward the completed contract once you've got it.

[BolshieBastard]

evening all. Long time forum lurker here, but thought i'd sign up to join in.

I too had concerns with the Hays 'contract'. Very unprofessional and unflexible. It refers to an 'Assignment Confirmation Letter' which i literally had to write myself as the agent was clueless about what should go on it. I took the gig as I had very few other options at the time.

Aside from the contract, as others have said they have a fantastic payroll system with weekly frequency. To make them a great agent, they really need to work on the contracts and train their staff so that they know that contractors are not temporary workers of Hays. I was asked to document any employment gaps in the last 2 years. I said I dont have any gaps as I work for my own company. Then I was asked to document any gaps in my CV which to them constitutes a break in employment, which simply is not the case in my opinion.

They are bellwhiffs like hydrogen who also recently asked me for a 'character reference' for a period I chose not to work. I started putting one liners in my cv 18 months ago to explain periods when I havent worked but this wasnt good enough for them.

I've worked through hayes before and found them to be just a glorified temping agency.

[Thunder]

Thanks QDOS.

There's a few references in the the the assignment confirmation letter, which I won't have until later this week. I'm thinking I should probably hang fire until that's some along...?

[Pity the fool]

evening all. Long time forum lurker here, but thought i'd sign up to join in.

I too had concerns with the Hays 'contract'. Very unprofessional and unflexible. It refers to an 'Assignment Confirmation Letter' which i literally had to write myself as the agent was clueless about what should go on it. I took the gig as I had very few other options at the time.

Aside from the contract, as others have said they have a fantastic payroll system with weekly frequency. To make them a great agent, they really need to work on the contracts and train their staff so that they know that contractors are not temporary workers of Hays. I was asked to document any employment gaps in the last 2 years. I said I dont have any gaps as I work for my own company. Then I was asked to document any gaps in my CV which to them constitutes a break in employment, which simply is not the case in my opinion.

[quackhandle]

You would have thought this siduation would be in Hays best interests as the more contractors are IR35 aware the more are going to say "I'm not going on site until you make the contract IR35 friendly". So less and less contractors use Hays so then the clients become pissed off with them, ergo Hays go out of business.

But how many would do this? Now I really want to find another gig and would love to inform the client that I'll be off in a week's notice due to Hays not playing ball.

qh

[Wanderer]

Some are ok, some aren't - depends which version you've got.

Wouldn't it be interesting to see a list of the good, the bad and the ugly when it comes to agencies and their standard contracts.

I don't suppose Qdos would be willing to write up and publish a list though.... ?

[Qdos Contractor]

Now I'm worried. Just had what sounds like the same doc through, terms of assignment of consultants via a limited company contractor and self billing agreement. Was just about to QDOS it this weekend, but sounds like we already know it's not IR35 friendly.

What to do?

Some are ok, some aren't - depends which version you've got.

At the end of the day, thousands of contractors will be working or will have worked under a Hays contract that isn't great from an IR35 perspective. Doesn't mean they are all automatically caught by IR35.

Having a contract with problematic clauses obviously doesn't help and HMRC would undoubtedly focus on things like a 'fettered' right of substitution (which is one of the main problems we've had with Hays). But if, in reality, your actual working practices are compliant you still stand a decent chance of winning your case.

If you do send the contract in to us, I suggest you ask for a working practices questionnaire so we can give an overall opinion (no extra charge).

[Thunder]

Now I'm worried. Just had what sounds like the same doc through, terms of assignment of consultants via a limited company contractor and self billing agreement. Was just about to QDOS it this weekend, but sounds like we already know it's not IR35 friendly.

What to do?

[quackhandle]

Fair comments, cheers.

Sod the pension contributions there's a golf gti out there with my name on it.

qh